Alabama retired pay
Is military retirement taxed in Alabama?
Not taxed
Exempt Since 1989, Survivors Too.
No. Code of Alabama § 40-18-20 has exempted all military retirement pay since January 1, 1989, and the exemption covers "survivor benefits derived therefrom." You leave the pay off your Alabama return. Active-duty pay is different: Alabama taxes it for residents, apart from combat zone pay and a few deployment and allowance exclusions.
- The law
- Code of Ala. § 40-18-20(d)
- Current rule since
- January 1, 1989 (all retired pay); before that, partial exemptions of $4,750, then $8,000 from 1983 and $10,000 from 1985
- Where you claim it
- Not reported: the 2025 Form 40 booklet lists Military Retirement Pay among benefits that "are not taxable and should not be reported"; if Alabama tax was withheld from it, list the 1099-R on Schedule RS, Part I (Retirement Distribution(s) Exempt from Alabama Income)
Read on Alabama’s own sources October 9, 2026
What Alabama’s rule is worth on your retired pay
Enter your annual taxable retired pay (box 2a of your DFAS or Coast Guard 1099-R). The rate starts at Alabama’s top 5% rate for tax year 2025; change it to your own bracket if you know it.
One rate applied to the whole amount, not Alabama’s full return: brackets, other income, deductions and credits change the real figure. Use it to compare, then check the state’s own form instructions.
How it works in Alabama
There is no subtraction line to hunt for, because Alabama never lets military retired pay onto the return. Pensions are reported on Schedule RS, and the 2025 Form 40 booklet lists the retirement systems whose payments "are not taxable and should not be reported." Military Retirement Pay is on that list, next to the Civil Service Retirement System and Social Security. If tax software copied your DFAS 1099-R into Schedule RS, Part II as taxable retirement, take it out.
Check your 1099-R for Alabama withholding. If any was taken from the retired pay, list that 1099-R in Schedule RS, Part I, titled "Retirement Distribution(s) Exempt from Alabama Income," with the reason it is exempt in column I. The Alabama tax withheld from those exempt distributions is totaled there and carried to Part 5, and the form warns that Schedule RS must be completed fully to receive proper credit for Alabama income tax withheld.
Other retirement money follows different rules. IRA and 401(k) distributions are reported on Schedule RS, and from age 65 each taxpayer can exclude up to $6,000 of retirement income taxable to Alabama on line 10 of Part II or Part III. A second-career civilian pension may be exempt too: the booklet lists payments from a defined benefit retirement plan under IRC 414(j) and tells you to ask the plan administrator whether yours qualifies.
On an assumed $36,000 pension, Alabama's 5% top rate would take about $1,800 a year if the pay were taxable. The exemption is not only from state tax: § 40-18-20(a) makes the pay exempt from "any state, county or municipal income tax or like tax by whatever name called."
If an earlier Alabama return did tax the retired pay, file a complete Form 40 with the Amended Return box checked; the booklet says it is processed after the original. Under § 40-2A-7, the refund window is the later of three years from the date the return was filed or two years from payment, so a 2023 return filed in April 2024 can still be corrected until April 2027.
Survivor Benefit Plan annuities
Exempt. § 40-18-20(a) extends the exemption to "survivor benefits derived therefrom," and subsection (d) makes all such payments exempt from 1989 on. The 2025 Form 40 booklet adds that a pension exempt to the former employee "is also exempt to the beneficiary" (both read October 9, 2026).
Active-duty pay in Alabama
Taxed for Alabama residents. The 2025 Form 40 booklet says military pay is taxable "except for compensation received for active service in a designated combat zone"; Act 2024-0170 added Guard and Reserve pay for deployments outside the United States or emergency activations, and quarters, subsistence, uniform and travel allowances are not reported.
Missed it in an earlier year?
A petition for refund must be filed within three years from the date the return was filed or two years from the date the tax was paid, whichever is later, or, if no return was timely filed, within two years from payment; withholding counts as paid on the original due date (Code of Ala. § 40-2A-7(c)(2)a, read October 9, 2026).
What trips Alabama retirees up
- The retirement year is a split year. Alabama taxes a resident's active-duty pay on the same Form 40 that leaves retired pay out, so your final months on active duty stay taxable unless they fall under the combat zone, deployment or allowance exclusions in the booklet.
- The Department's web page "Income Exempt from Alabama Income Taxation" lists military retirement pay without citing a statute (read October 9, 2026). The authority is § 40-18-20 on the Legislature's site, which says that from January 1, 1989, "and for all successive tax years," all retirement payments it covers are exempt.
- The $6,000 age 65 exclusion on Schedule RS applies only to retirement income that is taxable to Alabama. Your exempt military check uses none of it, which leaves the full $6,000 for IRA or 401(k) withdrawals once you turn 65.
- Residency follows the service member's home of record. The booklet says personnel who were Alabama residents when they entered service remain residents until proof of a change of home of record is made, so an Alabama domiciliary keeps filing Form 40 for active-duty pay while stationed elsewhere.
Federal side: DFAS reports retired pay on Form 1099-R, and the IRS taxes it as a pension. VA disability compensation is not taxable income under federal law (IRS Publication 525). The SCRA’s tax-home rule (50 U.S.C. § 4001) protects servicemembers on orders, not retirees, so where a retiree lives decides which state taxes the pension. Compare every state on the 51-state ledger. Alabama’s other servicemember protections are on the Alabama SCRA page.
Frequently asked questions
Does Alabama tax military retirement pay?
No. Code of Alabama § 40-18-20(d) says that effective January 1, 1989, and for all successive tax years, all military retirement payments it covers are exempt, and subsection (a) extends that to state, county and municipal income taxes. The Alabama Department of Revenue's 2025 Form 40 booklet lists Military Retirement Pay among income you do not report, so the DFAS 1099-R stays off Schedule RS as taxable income. If Alabama tax was withheld from the check, list it on Schedule RS, Part I to get credit for the withholding (both read October 9, 2026).
Is SBP taxed in Alabama?
No. Code of Alabama § 40-18-20(a) exempts military retirement benefits "and survivor benefits derived therefrom," and subsection (d) has made the full amount exempt since January 1, 1989. The Alabama Department of Revenue's 2025 Form 40 booklet does not name the Survivor Benefit Plan, but its pension instructions say that if a pension or annuity was exempt under Alabama law to the former employee, it is also exempt to the beneficiary (both read October 9, 2026). A surviving spouse leaves the annuity off the Alabama return the same way the retiree did.
Does Alabama tax active-duty military pay?
Yes, for Alabama residents. The 2025 Form 40 booklet says military pay is taxable income except for compensation for active service in a designated combat zone. Act 2024-0170 expanded the exclusion to pay of National Guard and Reserve members deployed outside the United States or activated by the Governor or the President for emergencies. Allowances for quarters, subsistence, uniforms and travel are not reported. A nonresident stationed in Alabama owes no Alabama tax on military pay and does not file unless there is other Alabama income (booklet read October 9, 2026).
Do I have to report my DFAS 1099-R on my Alabama return?
Not as income. The Alabama Department of Revenue's 2025 Form 40 booklet says amounts from listed retirement systems, including military retirement pay, are not taxable and should not be reported, and it tells you not to count them when deciding whether you must file. The one exception is withholding: if Alabama tax was taken from the retired pay, list the 1099-R on Schedule RS, Part I, which is reserved for retirement distributions exempt from Alabama income, so the withheld tax is credited back to you (read October 9, 2026).
Sources, read October 9, 2026
- Section 40-18-20 Exemptions - Military Retirement Benefits (Code of Alabama, Alabama Legislature)
- Income Exempt from Alabama Income Taxation (Alabama Department of Revenue)
- 2025 Form 40 Booklet (Alabama Department of Revenue)
- 2025 Form 40 with Schedule RS, Retirement Schedule (Alabama Department of Revenue)
- Individual Income Tax: General Information for Individuals (Alabama Department of Revenue)
- Section 40-2A-7 (Code of Alabama, Alabama Legislature)
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.